DCA Blog

Michigan's No-Fault Auto Insurance Revisited

Michigan’s no-fault automobile insurance system was designed in 1973 to guarantee a certain level of benefits to persons injured in car accidents, ensure timely payment of those benefits, and reduce administrative and legal costs. Requirements for Auto Insurance The no-fault system requires the insured to carry unlimited lifetime benefits for personal injury protection (PIP). This includes unlimited medical and rehabilitation benefits, as well as wage loss benefits for up to three ye ...

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Arbitration for all: The Diminishing Ability to File Consumer Class Action Lawsuits

Arbitration Clauses In 2016, DCA published an article on arbitration clauses, which are found in almost every modern contract. The use of such clauses increased dramatically after two Supreme Court decisions, one in 2011, and another in 2013. Now, thanks to these rulings, businesses often force customers and employees into arbitration through small, “fine print” contract clauses. These clauses require contracting parties to resolve future disputes through a private process inste ...

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Can a Consumer Fix a Bad Credit Report?

The Fair Credit Reporting Act (“FCRA”) is a federal law that regulates credit reporting agencies. The FCRA compels these agencies to ensure that their reporting results in a fair and accurate summary of a consumer's credit history and was authored to protect consumers from damaging misinformation. Knowing Your Rights Maintaining a strong credit history is key to obtaining competitive interest rates on auto loans, mortgages, and other consumer purchases. Negative information on a cr ...

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Could Your Business Waive Its Right to Arbitrate by Participating in Litigation?

Arbitration clauses, which require parties to settle disputes through mediation (instead of through the courts) are common in many different types of contracts, including business contracts. But what happens when one business sues another—despite the existence of an arbitration clause in their contract? Whether that lawsuit survives often depends upon how the defendant responds to the complaint. Imagine that two businesses agreed to settle all contract-related disputes through arbitrati ...

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How the Supreme Court's Decision in Henson v. Santander Consumer USA Inc. Affects Unfair Debt Collection Practices

The federal Fair Debt Collections Practices Act (FDCPA) has long protected consumers from the more unsavory practices of debt collectors. Yet, on June 17, 2017, the Supreme Court issued a unanimous decision in Henson v. Santander Consumer USA Inc. that may limit these protections. In Henson, the plaintiffs filed a class action lawsuit alleging that Santander violated the FDCPA in its communications with them. Santander moved to dismiss the action, claiming it was not a “debt collector&rd ...

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